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Saga of common fund orders ripe for return to High Court
Analysis 2023-02-15 10:16 pm By Christine Caulfield

The question of power to make a common fund order at the end of a class action was no longer a hypothetical one and it was time to send the issue to the Full Federal Court. That’s what the 7-Eleven class action judge was told 15 months ago but he failed to heed the advice, resulting in a court deeply divided and funders clamouring for reform.

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Magistrate’s refusal to allow note-taking in courtroom showed possible bias, judge finds
Courts 2023-02-15 1:46 am By Sam Matthews

A local court magistrate showed apprehended bias by not allowing a self-represented plaintiff to take notes during cross-examination, a judge has found.

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Medibank class action to test whether data breach claims ‘worth the candle’
Analysis 2023-02-10 11:50 pm By Sam Matthews

A landmark Federal Court class action against private health insurer Medibank will be a test case for when privacy claims can sidestep the regulatory path, and whether group members can prove they suffered loss from exposure of their data.

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ALRC recommends ending discrimination exemption for religious schools
Employment 2023-01-27 5:52 pm By Sam Matthews

The Australian Law Reform Commission has recommended the government abolish exceptions for religious schools in federal anti-discrimination legislation, but permit schools to give preference to prospective applicants on religious grounds. 

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Judicial commission would be ‘protective, not disciplinary’, government says
Courts 2023-01-17 2:49 pm By Sam Matthews

The Albanese government is inviting submissions on a federal judicial commission tasked with dealing with alleged misconduct by judges, saying the commission will strive for transparency and will not adopt a disciplinary model.

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New IR legislation shakes up Fair Work Act
Employment 2022-12-02 10:17 pm By Sam Matthews

The Albanese government has succeeded in advancing labor reforms that it says will strengthen access to wage bargaining, encourage job security and gender equity, and bolster the role of the Fair Work Commission.

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Former PM Scott Morrison censured over secret ministries
Politics 2022-11-30 10:37 pm By Christine Caulfield

Parliament on Tuesday voted to censure former Prime Minister Scott Morrison following an inquiry that found his appointment as shadow minister of multiple portfolios undermined the public’s trust in government.

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National Anti-Corruption Commission passes Parliament
Policy and Regulation 2022-11-30 11:12 pm By Christine Caulfield

The Labor government’s National Anti-Corruption Commission bill cleared its final hurdle on Tuesday, passing the House of Parliament after amendments in the Senate that expanded the powers of the NACC Inspector.

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Former PM Scott Morrison’s secret ministries ‘corrosive of trust’: report
Politics 2022-11-25 10:27 pm By Christine Caulfield

A inquiry into former prime minister Scott Morrison’s appointment as shadow minister of five government portfolios has found the secret appointments “fundamentally undermined” the principles of responsible government.

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Government ditches ‘costs neutrality’ model in Respect at Work bill
Policy and Regulation 2022-11-25 4:23 pm By Cindy Cameronne

The Albanese government has removed provisions from sex harassment legislation that passed the senate on Friday which would have forced parties to bear their own costs in harassment litigation, after dozens of lawyers expressed “deep concern”.

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